Herman v. Power Maintenance & Constructors, LLC.

Plaintiff, William T. Herman, brought a tort action against defendant, Power Maintenance & Constructors, LLC, for discharging him, or refusing to recall him, in retaliation for his filing a workers’ compensation claim. See 820 ILCS 305/4(h) (West 2004). The trial court entered summary judgment in defendant’s favor, and plaintiff appeals.

Defendant laid plaintiff off because of medical restrictions resulting from a work-related injury, for which he received workers’ compensation benefits. Later, after plaintiff recovered from the injury and sought to go back to work, defendant refused to recall…